Citations require
Querist :
Anonymous
(Querist) 26 March 2010
This query is : Resolved
2001 (3) PLR 61 (D)
2006) CCR 187 (Ker.)
2007(1) Criminal Court Cases 1060 (Kerala)
(2006) CCR 187 (Ker.)
Negotiable Instruments Act, 1881 — Sections 138, 141 — Dishonour of Cheque — Offence committed by juristic person — Relevant factors to be established — In case of juristic person also, it must be established cheque in respect of which offence under Section 138 of Act committed is drawn by such juristic person — No allegation in complaint that petitioner was in charge of and responsible for conduct of business of society at time of commission of offence — Neither 1st accused-society nor petitioner as Secretary of Society can be proceeded against for offence under Section 138 of Act — Trial Court acted in haste by proceeding against petitioner — Proceedings against petitioner quashed.
Negotiable Instruments Act, 1881, Sections 138, 141 - Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for offence u/s 138 only if at the time the offence was committed he was in charge of and responsible to the company for the conduct of business of the company.
2007(1) Criminal Court Cases 1060 (Kerala)
